A three-member panel of the Court of Appeal has overturned the 90 days jail term imposed on actress Rosemond Alade Brown popularly known as Akuapem Poloo.
This was after the prosecution had indicated to the court that the Republic does not oppose to both the application for bail and the substantive appeal.
Lawyers of the actress led by Andrew Kudzo Vortia argued that, the 90 days custodial sentence was harsh and prayed for it to be replaced with a fine.
Akuapem Poloo was on April 16 sentenced for 90 days in jail after pleaded guilty to three charges.
On December 1, the High Court dismissed her first appeal to have the decision reversed.
In court on Wednesday, December 15, the panel chaired by Hos Lordship Justice Henry Anthony Kwoffie said, even though the 90 days sentence was right, they are minded to replace it with a fine.
“We have decided to take the substantive appeal regarding the submission filed by learned counsel of the Appellant and the fact that the Republic do not opposed,” the court said.
The panel added that, it took into consideration the scale of sentencing and “we have taken the view that the sentence was fair.”
However said, it took into consideration the interest of the seven year old son and the fact that, he will need a parental care.
The panel also considered the fact that, the convict is a single mother and has shown remorse since her conviction.
While describing the incident which led to the custodial sentence as “foolish ways” the court hoped that, “she will learn a good lessons of what she has gone through.”
To this end, the court imposed a fine of 1000 penalty (GHc12,000) on count A and 500 (GHc6, 000) penalty units each on counts 2 (and 3 (12, 000) to run concurrently.
EIB Network’s Court Correspondent Murtala Inusah reports that, Akuapem Poloo per the decision of the Court Akuapem Poloo will only pay GHc12, 000 to be out of jail.
The court said, if she default in payment, she will serve a term of 90 days in hard labour.
*The panel*
The three member panel are
His Lordship Justice Bright Mensah,His Lordship Justice Eric Baah and
Justice Henry Anthony Kwoffie as the presiding judge.
*Charges*
The outspoken actress was charged with three counts of publication of obscene materials, engaging in domestic violence, conduct that in any way undermines another person’s privacy or integrity and engaging in domestic violence namely conduct that in any way detracts or is likely to detract from another person’s dignity and worth as a human being.
Rosemond who had displayed her naked picture with her son on social media on June 30, 2020, earlier pleaded not guilty to all the charges.
*Argument*
Lawyers of convicted actress Rosemond Alade Brown popularly known as Akuapem Poloo have filed a notice of Appeal at the Court of Appeal challenging the dismissal of her appeal by the High Court.
“Please take note that the convict/appellant/appellant hearin, being aggrieved by the judgement of the High Court Criminal Division (1)Accra, Her Ladyship Ruby Aryeetey dated 1st December 2021 dismissing the appellant appeal against the conviction and sentenced to 90 days imprisonment imposed on the appellant on each count to run concurrently by Her Honour Mrs Christiana Cann dated April 16, 2021 hereby appeals to the court of appeal on the grounds set out below and for the release stated here under.
“That the learned judge erred in failing to appreciate that as a young first offender and a single parent, a noncustodial sentenced of a fine instead of a custodial sentence of 90days imposed on the appellant by the trial court is appropriate in this case,” the notice of appeal stated.
“That the custodial sentence of 90 days imposed on the appellant be set aside and in lieu,be substituted with a noncustodial sentence of a fine,” It stated.
Aside, the notice to appeal, the lawyers also filed for bail pending the determination of the appeal.
*AG not opposed*
In court on Wednesday, December 15, the prosecution led by Ameley Agyeman, a Senior State Attorney saud the Republic do not opposed to the motion for bail.
She also told the court that, the Republic do not opposed to the substantive application for appeal against the 90 days custodial sentence.
On the substantive appeal, she said, ” my position is the same, I do not intend to oppose. My colleague said the conviction was right, but the sentence was harsh.”
First Appeal*
The High Court in Accra presided over by Justice Ruby Aryeetey on Monday, December 1, 2021 dismissed the appeal filed by Rosemond Alade Brown challenging her 90 days custodial sentence.
The court while affirming the Circuit Court decision said, the punishment imposed was to cause much harm to the convict which will then become a deterrent to herself and others.
*April 16, judgement*
On April 16, Actress and social media personality Rosemond Brown popularly known as Akuapem Poloo was jailed 90 days or three months by an Accra Circuit Court.
This was after Akuapem Poloo pleading guilty to three charges.
She was charged with the publication of nude pictures with her seven-year-old son. She changed her not guilty plea to guilty before being convicted.
She was sentenced to 90 days on each count but the court said, the sentence must run concurrently.
This means she will only serve a 90-day jail term which is three months.
